SB 135 — Public safety.

Summary

(1) Existing law, operative as of January 1, 2024, will, in a case in which the party bearing the burden of proof proffers expert testimony regarding medical causation and the party's expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified. This bill would, operative as of January 1, 2024, specify that the above provision applies only to general civil actions, as defined in the California Rules of Court. (2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to contract for the establishment and operation of separate community correctional reentry centers, as specified. Existing law authorizes the secretary to entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and requires that preference be given to community correctional reentry centers located near large population centers. This bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community correctional reentry centers, as specified. The bill would prohibit the department, for contracts entered into on or after October 14, 2023, from contracting for the establishment of community correctional reentry centers located in current or former state prison facilities or on current or former state prison property. (3) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation, where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI. Existing law authorizes a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. Existing law requires a request for records to include the applicant's fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant. This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described above, including that the department, upon receipt of a background check report lacking disposition data, would be required to conduct research, as specified, to obtain complete data, that the human resource agency or employer would be required to retain a waiver signed by the applicant, employee, or volunteer allowing the release of state and federal level criminal history information, and that a human resource agency or employer would be required to notify the person in writing of their right to obtain a copy of any background screening report, as specified, to challenge the accuracy and completeness of any information contained in the report, and to obtain a determination as to the validity of that challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information. (4) Existing law requires the Department of Justice to approve the sale or transfer of ammunition, with specified exceptions. Existing law requires the department to recover the reasonable cost of regulatory and enforcement activities related to the authorization of ammunition sales or transfers by charging ammunition purchasers and transferees a $1 transaction fee, which may be increased at a rate not to exceed the increase in the California Consumer Price Index nor the reasonable cost of regulatory and enforcement activities. Existing law creates the Ammunition Safety and Enforcement Special Fund within the State Treasury, into which those fees are deposited. Existing law continuously appropriates the fund for purposes of implementing, operating, and enforcing the ammunition purchase authorization program. This bill would authorize the Attorney General to adjust the fee as needed, not to exceed the reasonable cost of regulatory and enforcement activities related to the regulation of ammunition. By increasing the amount deposited in a continuously appropriated fund, this bill would make an appropriation. (5) Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote criminal proceeding. This bill would extend this provision until January 1, 2025. Existing law generally allows, until January 1, 2024, upon a defendant's waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology, and prohibits a defendant charged with a felony or misdemeanor to appear remotely for a jury or court trial, except as specified. This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2025. Existing law authorizes, until January 1, 2024, a witness in a criminal proceeding to testify using remote technology, as provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses. This bill would extend these provisions until January 1, 2025. Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2024, includes the defendant's right to waive the right to appear through the use of remote technology from being limited by these provisions. This bill would extend the provision that would expire on January 1, 2024, to January 1, 2025. (6) Under existing law, the juvenile court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided. This bill would specify that the court may retain jurisdiction over a person who is 25 years of age or older for a period not to exceed 2 years from the date of disposition if the person is found to meet certain conditions. The bill would require the court to exercise jurisdiction in conformance with the objectives of the juvenile court. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 09/13/23 - Chaptered Current pdf September 13, 2023
• Enrolled 09/13/23 - Enrolled pdf September 13, 2023
• Amended 08/28/23 - Amended Assembly pdf August 28, 2023
• Introduced 01/18/23 - Introduced pdf January 18, 2023
• SB135 View text html

Action History

1. September 13, 2023

   Chaptered by Secretary of State. Chapter 190, Statutes of 2023.

2. September 13, 2023

   Approved by the Governor.

3. September 12, 2023

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 11, 2023

   Assembly amendments concurred in. (Ayes 31. Noes 8. Page 2569.) Ordered to engrossing and enrolling.

5. September 08, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 08, 2023

   Read third time. Passed. (Ayes 58. Noes 16. Page 3102.) Ordered to the Senate.

7. September 07, 2023

   Read second time. Ordered to third reading.

8. September 06, 2023

   Ordered to second reading.

9. September 06, 2023

   Withdrawn from committee. (Ayes 61. Noes 17. Page 2953.)

10. September 06, 2023

    Assembly Rule 96 suspended.

11. August 28, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

12. March 30, 2023

    Referred to Com. on BUDGET.

13. March 27, 2023

    In Assembly. Read first time. Held at Desk.

14. March 27, 2023

    Read third time. Passed. (Ayes 29. Noes 8. Page 497.) Ordered to the Assembly.

15. March 20, 2023

    Read second time. Ordered to third reading.

16. March 16, 2023

    Ordered to second reading.

17. March 16, 2023

    Withdrawn from committee. (Ayes 28. Noes 8. Page 357.)

18. January 25, 2023

    Referred to Com. on B. & F.R.

19. January 19, 2023

    From printer. May be acted upon on or after February 18.

20. January 18, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects